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HARRY HUGHES, Governor
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1267
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EXCESSIVE PRICES; TO PROVIDE FOR THE ACCESSIBILITY TO PUBLIC
PROPERTY BY AS MANY CITIZENS AS POSSIBLE; AND TO PROMOTE THE
GENERAL WELFARE BY UTILIZING PUBLIC PROPERTY FOR THE BENEFIT OF
THE CITIZENS OF THE COMMUNITY.
(2) EACH MUNICIPAL CORPORATION SHALL HAVE THE
AUTHORITY TO SUPPLANT DISPLACE OR LIMIT COMPETITION BY GRANTING
ONE OR MORE FRANCHISES FOR ANY CONCESSION ON, OVER OR UNDER
PROPERTY OWNED OR LEASED BY THE MUNICIPALITY ON AN EXCLUSIVE OR
NONEXCLUSIVE BASIS, TO CONTROL PRICES AND RATES FOR SUCH
FRANCHISES; TO ESTABLISH RULES AND REGULATIONS TO GOVERN THE
OPERATION OF THE FRANCHISES, TO PROVIDE FOR THE ENFORCEMENT OF
ANY SUCH MEASURE; AND TO LEASE OR SUBLEASE PUBLICLY OWNED OR
LEASED LAND, IMPROVEMENTS TO LAND, OR BOTH ON TERMS TO BE
DETERMINED BY THE MUNICIPALITY WITHOUT REGARD TO ANY
ANTICOMPETITIVE EFFECT.
(E) THE POWERS GRANTED BY TO ANY MUNICIPAL CORPORATION
PURSUANT TO THIS SECTION SHALL NOT BE CONSTRUED:
(1) TO GRANT TO SUCH MUNICIPALITY POWERS IN ANY
SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO SUCH MUNICIPALITY BY
OTHER PUBLIC GENERAL OR PUBLIC LOCAL LAW;
(2) TO RESTRICT SUCH MUNICIPALITY FROM EXERCISING ANY
POWER GRANTED TO SUCH MUNICIPALITY BY OTHER PUBLIC GENERAL OR
PUBLIC LOCAL LAW OR OTHERWISE; NOR
(3) TO AUTHORIZE SUCH MUNICIPALITY OR ITS OFFICERS TO
ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER UNDER OTHER
PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR OTHERWISE .; OR
(4) TO PREEMPT OR SUPERSEDE THE REGULATORY AUTHORITY
OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY PUBLIC GENERAL LAW.
Article 25 - County Commissioners
3D.
(A) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE THE COUNTY COMMISSIONERS OF EACH COUNTY TO
SUPPLANT DISPLACE OR LIMIT COMPETITION IN THE AREA OF PUBLIC
TRANSPORTATION IN ORDER TO PROVIDE FOR ADEQUATE, ECONOMICAL, AND
EFFICIENT DELIVERY OF TRANSPORTATION SERVICES; TO PROTECT ITS
CITIZENS FROM INCONSISTENT AND EXCESSIVE PRICES; TO PROVIDE
NECESSARY AND DESIRED SERVICES IN ALL AREAS OF THE COUNTY; TO
ENABLE THE COUNTY TO PROVIDE PUBLIC TRANSPORTATION IN ORDER TO
CONSERVE ENERGY AND REDUCE AIR POLLUTION, CONGESTION, TRAFFIC
HAZARDS AND ACCIDENTS; TO ENCOURAGE THE USE OF PUBLIC
TRANSPORTATION BY THE CONTRIBUTION BY THE COUNTY OF CAPITAL AND
OPERATING FUNDS TO ENABLE TRANSPORTATION TO BE PROVIDED AT THE
LOWEST COST TO ALL CITIZENS, ESPECIALLY THE INDIGENT; AND TO
PROMOTE THE GENERAL WELFARE BY CONDUCTING A COMPREHENSIVE
TRANSPORTATION SYSTEM.
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